End User License Agreement

Last updated: April 26, 2026

This End User License Agreement ("EULA") is a binding agreement between you ("End User" or "you") and FitKinec Pro LLC ("Company," "we," or "us"). This EULA governs your use of the FitKinec Pro mobile application and any related services (collectively, the "App").

By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not download, install, or use the App.

1. License Grant

Subject to your compliance with this EULA and the terms of the App Store, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded products that you own or control as permitted by the App Store Usage Rules.

2. License Restrictions

You may not (a) copy or distribute the App; (b) modify, translate, adapt, or create derivative works of the App; (c) reverse-engineer, decompile, or disassemble the App; (d) remove any proprietary notices; or (e) use the App in any way that violates applicable law.

3. Subscriptions and In-App Purchases

The App offers auto-renewing subscriptions and consumable in-app purchases. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID Account Settings. No refunds are provided for the unused portion of any term, except as required by law or as provided by Apple's refund policy.

4. Consent to Use of Data

You agree that we may collect and use technical data and related information — including technical information about your device, system, and application software — to facilitate provision of software updates, product support, and other services related to the App. We may use this information to improve our products or to provide services to you, in accordance with our Privacy Policy.

5. Termination

This EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use and destroy all copies of the App.

6. External Services

The App may enable access to third-party services (e.g. Stripe, Apple Health, Prism Labs). Your use of such external services is subject to their respective terms. We are not responsible for content or accuracy of any external services.

7. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FITKINEC PRO LLC BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. In no event shall our total liability to you for all damages exceed the amount of fifty US dollars ($50.00).

9. Export Compliance

You represent and warrant that you are not located in a country subject to a US Government embargo, or designated as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties.

10. U.S. Government End Users

The App is a "Commercial Item" as defined in 48 C.F.R. §2.101. If acquired by or on behalf of the U.S. Government, the App is licensed only with rights granted to all other end users.

11. Governing Law

This EULA is governed by the laws of the State of Texas, USA, excluding its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Apple as Third-Party Beneficiary

You acknowledge and agree that Apple Inc. and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

13. Contact

Questions about this EULA? Email support@fitkinecpro.com.